District judge (DJ) JR Aryan also imposed a fine of Rs 5,000 on northeast Delhi resident Furkan after holding him guilty of attempting to murder 33-year-old Ashok, who died later during the trial of the case.
"Victim (Ashok) in the present case was a rickshawpuller and firearm bullet injury was caused to him by accused (Furkan) when victim demanded rickshaw fare for having carried accused and other two boys in his rickshaw.
"The offence is grave and circumstances in which it has been committed also suggest a depraved brain committed to criminal activity," the court said.
Ashok was shot at his head and was rushed to a hospital from where he was discharged a few days later after his condition turned stable. He was taken to his native place in Uttar Pradesh where he died later during the trial.
The court, however, absolved the accused of the murder charges for want of the evidence that the victim died of the gunshot injury.
"As regards charge under section 302 of the IPC, we do not have any evidence if gunshot suffered by the victim (Ashok) was an ultimate cause for his death as came to be referred from medical reports ... None of the medical reports suggest that condition of the victim had became vulnerable," the judge said.
According to the prosecution, Furkan, along with his two associates, had shot at Ashok in January 2009 after the victim had demanded fare from them for carrying them on his rickshaw.
The court, in its judgement, relied upon the statement of a prosecution witness, who was also an eye-witness to the incident and had told teh court that Furkan along with his two accomplices had shot Ashok in his head and had fled the spot.
The police told the court that one of Furkan's associates, who was a juvenile, was apprehended on the basis of a tip off and during the interrogation he said that he along with Furkan and one of his friends had committed the crime.
Furkan was apprehended by the police in February 2009 in some other criminal case and in the test identification parade (TIP), the eye witness of the incident identified him as the assailant who had shot at Ashok.
During the trial, Furkan denied the allegations against him and said he was picked up by the police from his house and was falsely implicated in the case.
The court, however, after going through the evidence and statement of the prosecution witnesses, convicted him for the offence punishable under section 307 (attempt to murder) of the IPC.
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